ANNEXURE A – LPC duties before and after 31 October 2018
TASKS OF THE LPC (after election)
1.Immediately after establishment of the LPC
- Appoint Chairperson, Deputy, EXCO and staff
- Adopt the transfer agreements with the Law Societies
- Register for VAT
- Open bank accounts
- Adopt the Rules
- Elect the Provincial Councils (PCs)
2.Before the transfer date ito s120(4) – 3 months?
- Arrange for buildings, infrastructure, staff and funding for the PCs
- Establish committees – both LPC and PCs
- Identify which of the existing committees of the Law Societies should be retained in order to continue to function for a transitional period
- Put all systems in place
- Revise the functions of the PCs already in the Regulations, if necessary
- Accredit PVT service providers
- Agreements with service providers
- Adopt the Code of Conduct (ito s36)
- Arrange the transfer of work in progress from the Law Societies and Advocates structures
3. After the transfer date and the Act becomes fully applicable ito s120(4)
- In general, perform the functions listed in s6
- Update database
- Levy subscriptions
- Invest funds
- Formatting the certificates of attendance to be issued by the Practical Law Schools, to provide for attendance before and after the effective date.
- Adopt a policy on the attendance of Practical Law Schools by persons who do not qualify to be admitted as a LPs ito s24(2)(b)(i) or (ii).
- Decide whether to continue with non-regulatory litigation taken over from Law Societies
- Revise and fine-tune processes
- Revise Rules
- Revise Code of Conduct
- Advise Minister on Regulations that require amendment, if necessary
- Initiate amendments to Act, if necessary
- Advise the Minister on community service (s94(1)(f)), admission of foreign LPs (s95(1)(j)), limited liability legal practices, MDPs and Paralegals (s34(9))
- Liaison with LPFF on conducting of inspections and related matters
- Submission of input on fees to SALRC (s35(2))
- Assistance with the establishment of the office of, and liaison with the Ombud
- Submit annual report to the Minister.